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DELHI HIGH COURT
SHIV NARAYAN DHINGRA
Kamal Sahdev – Appellant
Versus
Ashok Kumar – Respondent


JUDGMENT

SHIV NARAYAN DHINGRA, J.

1. By this writ petition,the petitioner has challenged the validity of award dated 23.8.1985 in ID No.92/84 whereby the Labour Court directed the petitioner to reinstate the respondent with full back wages.

2. It is submitted by the petitioner that the respondent obtained an ex parte award against the petitioner by concealment of facts and by filing a false and frivolous statement of claim. The respondent obtained the award against Bharat Dealers, 60 Okhla Industrial Estate, New Delhi whereas the respondent had in fact worked with the petitioner's firm National Refrigeration Industries for the period 1981-82 and after voluntarily leaving the petitioner's firm, he sought employment with Punj Sons. He was employed by Punj Sons and he went abroad on an assignment given to him by Punj Sons. He concealed all these facts and obtained award that he be reinstated with full back wages.

3. In the counter filed by the respondent, the respondent took the stand that the writ petition was time barred as the award has become enforceable. The petitioner had not challenged the finding of the order dated 14.11.95 whereby the application of the petitioner for

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